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ESPLENDIDO APARTMENTS v. OLSSON

1 CA-CIV 6006.

144 Ariz. 355 (1984)

697 P.2d 1105

ESPLENDIDO APARTMENTS, an Arizona limited partnership, Plaintiff-Appellee, v. John K. OLSSON and Gregory B. Maxon, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department B.

Reconsideration Denied January 31, 1985.

Review Denied March 2, 1985.

Attorney(s) appearing for the Case

Murphy & Posner by K. Bellamy Brown, Phoenix, for plaintiff-appellee.

Molloy, Jones, Donahue, Trachta, Childers & Mallamo, P.C. by Mark S. Sifferman, Herbert Mallamo, Phoenix, for defendants-appellants.

OPINION

BROOKS, Judge.

This is an appeal from a summary judgment dismissing appellants' (hereafter referred to as buyers) counterclaim for breach of a purchase agreement with prejudice and awarding attorney's fees to appellee (hereafter referred to as seller). Seven issues are raised on appeal:

1. Whether the trial court's dismissal of seller's complaint as premature precludes seller from raising the same issues in defense of buyers' counterclaim...

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